TERMS & CONDITIONS

As used in this Agreement, “www.samanthaushedo.com ", "we," "us," and "our" shall mean Samantha Ushedo and its subsidiaries and affiliates. By accessing or using the services available through our website (the "Services"), you agree to be bound by these Terms of Service and our Privacy Policy currently found at https://www.samanthaushedo.com/terms and incorporated herein by reference. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Samantha Ushedo for services or otherwise.


By using any of the Services and the Website, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services. The terms form a legally binding agreement between you and samanthaushedo.com in relation to your use of the Website and/or the Services and applies to all users of the Services, whether registered or not, on the Website.

We strive to create educational materials that would be of interest. This is not to be taken as medical advice. Please always consult your physician before taking on any new diet or lifestyle practice.

We may, at our sole discretion, modify or revise these Terms of Service and policies at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions. Although Samantha Ushedo may attempt to notify you, when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.

 
Site or Sites mean Samantha Ushedo.com

Member is a person or who completes “CoachAccountable” account registration process or received log in details from Samantha Ushedo.

Third Party Websites are the website links of third parties on this platform.


Representative is an entity and its Affiliate(s), any director, officer, employee, consultant, contractor, agent, and attorney associated with the Samantha Ushedo.

Commencement Date means the date on which this Agreement takes effect.

Content means report text, web chat, graphics, emoji’s, images, music, software, audio, video, information or other materials.

Collective Content means Member Content and Samantha Ushedo’s Content.

Samantha Ushedo Content means all Content that Samantha Ushedo make available through the Website, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.

Pay Service refers the Services made available on Samantha Ushedo platform on payment of fee or on subscription basis.

 

Obligations of Members

  1. Member will make Samantha Ushedo aware about the nature of the problem that is being experienced by him/her;

  2. Member will narrate the dimensions of the problem he/she is experiencing for facilitating the development of adequate and appropriate strategy for resolving his/her problem;

  3. Member will faithfully execute the tasks given by Samantha Ushedo;

  4. Member acknowledges and agrees to attend and participate in all parts of the Coaching Plan;

  5. Samantha Ushedo shall not be responsible for any delay in the delivery of the Services, resulting from failure or delay caused, directly or indirectly, by the Member;

  6. Member mustn't use/publish abusive comments (including defamatory or derogatory comments) in regard to Coach on Samantha Ushedo’s Website or at other places;

  7. Member acknowledges and understands that the results of the coaching will depend on the Member’s ability to take action and to follow the Coaching Plan to the best of his/her ability and take responsibility for the results achieved;

  8. Member acknowledges that he/she shall not compare the coaching session given by the Samantha Ushedo with the coaching session which he/she receives or received from different organization or person; and

  9. Member acknowledges that he/she will disclose if he/she has received any medication/treatment/therapy from any Medical Doctor, Psychologist or Psychiatrist, and will not hold the Samantha Ushedo liable for the effects/consequences of receiving such treatment. Furthermore, the Samantha Ushedo will not be liable if the Member does not fully disclose the nature or kind of the treatment received.

To access and use certain features of the Services, you shall be provided with the login details of the CoachAccountable account. You agree to: (i) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (ii) promptly provide notice to Samantha Ushedo if you discover or otherwise suspect any security breaches related to the Services.

Members will not use the Services if any applicable law in their country prohibits them from doing so and or have not previously been their right to use the Services.

You agree to release Samantha Ushedo, its parents, partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of our Services. If at any time you are not happy with the Websites or the Services or object to any Content, your sole remedy is to cease using them.

Samantha Ushedo offers original and third-party information on the platform e.g. CoachAccountable. You may be invited to provide custom screen names/user names and other information (collectively, “Profile Information”), submit messages, ideas, concepts, techniques and other information and materials, which may include uploading files, inputting data, providing personal and professional information, submitting opinions that you submit, on the Site or through the Services collectively

Samantha Ushedo does not control, and is not responsible for e-mails sent from outside Samantha Ushedo’s domain or other means of electronic communication e.g. from CoachAccountable; and that by using the Website and the Service, you may be exposed to Content that is, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible and bear all risks associated with the use of any Content, and that under no circumstances will Samantha Ushedo be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing

 

Subscription/Fee Based Services (Pay services)

Pay Services shall be offered by Samantha Ushedo on a prepaid usage basis or on a 3 months subscription (“Subscription”) basis.  You agree to pay all the fees applicable for such Pay Service you incur through your Pay Service Account, including any fees associated with the use of such Pay Service together with all applicable taxes (the “Fees”). Unless otherwise indicated on the relevant Pay Service description page, the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately, however, you shall be charged 1/3ed for your subscription every month. All Fees are non-refundable. You may choose to cancel the subscription after completion of 3 months subscription, however, you cannot cancel the subscription before completion of 3 months period.

In the event that a Member stops the work or stops showing up in the one-on-one coaching sessions or group coaching sessions, the balance of fees will continue to be paid under the payment plan schedule.

Samantha Ushedo reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may, for certainty, include the posting of any such changes on the relevant pages related to the use of the Pay Service.

Please note that Subscription Pay Services renew automatically at the end of the relevant period as set out in the applicable Pay Service Description and Fees in respect of each such renewal shall be based on the then current rate for the particular Subscription Pay Service.

By registering for a Pay Service, you warrant that: (a) you are of the age of 21 or over in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your Pay Service Account. In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to these Terms and Conditions, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Pay Service Description, (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account,  and (c) that Samantha Ushedo reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service at any time, including without limitation, where Samantha Ushedo has determined, in its sole discretion, that your use of the Pay Service is, or was, in breach of these Terms and Conditions. Any such termination by Samantha Ushedo shall be in addition to and without prejudice and discrimination to such rights and remedies as may be available to Samantha Ushedo, including injunction and other equitable remedies. Your ability to use the Pay Service is also subject to any limits established by Samantha Ushedo or by your credit card issuer. If Fees cannot be charged to your credit card or your charge is returned for any reason, including chargeback, Samantha Ushedo reserves the right to either suspend or terminate your Pay Service Account and your access to the Pay Service.


Suspension And Termination Of Account And Service

Generally, a User Account will be considered active until we receive a user request to deactivate or delete it. We do not guarantee that the Website or any content contained on the Website or through CoachAccountable will always be available or be uninterrupted. We reserve the right to limit, suspend, terminate, modify, or delete the User Account we provide to you or your access to our Services or portions thereof for any reason, with or without notice and at any time, including, without limitation, if you are, or we suspect that you are, improperly using the Services, violating any applicable laws or failing to comply with the Terms of Service. We also reserve the right to stop offering and/or supporting the Services or any part of the Services at any time either permanently or temporarily, for any reason, with or without notice to you, at which point your use of the Services or any part thereof will be automatically terminated or suspended. Samantha Ushedo reserves the right to investigate, suspend and/or terminate your account if you have misused the Service.

Commercial Activity and Unsolicited E-mail

You may not use any portion of Samantha Ushedo to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any Samantha Ushedo, or otherwise exploit your participation on or through any Samantha Ushedo for any commercial purpose. 

Electronic Communications

When you send an e-mail or chat electronically with Samantha Ushedo, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, phone calls or sms text messages. You agree that all agreements, notices, disclosures and other communications that Samantha Ushedo provides to you electronically satisfy legal requirements that such communications be in writing.

Use Of The Services

Except as otherwise agreed upon, we hereby grant you a limited, nonexclusive, non-sub-licensable license to access, and use the Services and is conditioned with the compliance with these Terms. You are purchasing one single copy of the online product. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Content, except as expressly permitted by Samantha Ushedo or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

The Member undertakes not to duplicate, download publish, modify and distribute material on Samantha Ushedo unless specifically authorized by Samantha Ushedo in this regard.

Third Party Website Links, Content And Services

In consideration for allowing you to use the Service, you agree that Samantha Ushedo its affiliates, and its third-party partners may place advertisements on the Service. Samantha Ushedo may also partner up with certain third parties such as CoachAccountable.

The Website and Content available through the Website may contain links to other third-party Websites ("Third Party Websites"). If you link to Third Party Websites, you may be subjected to those Third-Party Websites' terms and conditions and other policies (for reference https://www.coachaccountable.com/termsOfAwesome). Samantha Ushedo makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Website, and your linking to any other Website is completely at your own risk and Samantha Ushedo disclaims all liability thereto.

Any and all contents and services (including advertising) within Samantha Ushedo that are not owned by Samantha Ushedo are "third party content and services." Samantha Ushedo acts merely as an intermediary service provider of, and accepts no responsibility or liability for third party content and services. In addition, and without limiting the generality of the foregoing, Samantha Ushedo may include links to Websites operated by third parties, including advertisers and other content providers. Those Websites may collect data or solicit personal information from you. Samantha Ushedo does not control such Websites, and is not responsible for their content, policies, or collection, use or disclosure of any information, those Websites may collect.  

 

Ownership and Intellectual Property

This Website and all content forming part of the Website, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws of the Canada. 

You acknowledge and agree that Samantha Ushedo owns, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights. You may not:

  • modify or copy the idea of trade, layout or appearance of the Website or any computer software or code contained in the Website; and/or

  • decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website

If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at Samantha Ushedo.com.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general awareness purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Limitation of Liability

IN NO EVENT SHALL SAMANTHA USHEDO BE LIABLE, IF MEMBER DOES NOT ACHIEVE THE DESIRED RESULTS.

YOUR PARTICIPATION, CORRESPONDENCE OR BUSINESS DEALINGS WITH ANY THIRD PARTY FOUND ON OR THROUGH OUR SITE, REGARDING PAYMENT AND DELIVERY OF SPECIFIC GOODS AND SERVICES, AND ANY OTHER TERMS, CONDITIONS, REPRESENTATIONS OR WARRANTIES ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTY. YOU AGREE THAT SAMANTHA USHEDO SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, OR OTHER MATTERS OF ANY SORT INCURRED AS A RESULT OF SUCH DEALINGS.

SAMANTHA USHEDO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY  DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SAMANTHA USHEDO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT SAMANTHA USHEDO SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS. THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY SAMANTHA USHEDO FROM ITS FACILITIES IN CANADA. SAMANTHA USHEDO MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SAMANTHA USHEDO IS TO STOP USING THE SAMANTHA USHEDO PLATFORM, AND TO CANCEL ANY AND ALL OF YOUR SAMANTHA USHEDO ACCOUNTS, IF APPLICABLE.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE SAMANTHA USHEDO NOR ANY PERSON ASSOCIATED WITH THE SAMANTHA USHEDO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE WITHOUT LIMITING THE FOREGOING, NEITHER THE SAMANTHA USHEDO NOR ANYONE ASSOCIATED WITH THE SAMANTHA USHEDO REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE THIRD PARTIES AND OUR MEMBERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF SAMANTHA USHEDO. AND SAMANTHA USHEDO CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR.

THE SAMANTHA USHEDO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Termination

Samantha Ushedo reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Samantha Ushedo regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

Entire Agreement/ Severability

These Terms and Conditions incorporate our Privacy Policy which together constitutes the entire agreement between You and Samantha Ushedo, in relation to Your use of the Website and/or the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions, and the remaining portions shall remain in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Samantha Ushedo relating to this subject matter, and cannot be changed or terminated orally. 

 

Assignment

You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Samantha Ushedo, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.


Non-waiver

Failure by either Samantha Ushedo or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

Indemnification

You agree to defend, indemnify and hold harmless Samantha Ushedo and its respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through our website. Without limiting your indemnification obligations described herein, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.


Force Majeure

Samantha Ushedo shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

 

Technology Issues

You are responsible for ensuring you have all of the necessary technology to run these online programs. Refunds will not be offered based on your technical issues. Please ensure you can clearly view our preview videos and download the sample documents in advance of purchase if you have any concerns about your computer’s capacity to handle this type of program. We will not be liable for any technical issues beyond the steady serving of our own website.

Bonus Packages: 

If you opted to register for one of the package options, it is your responsibility to use the bonus by the deadline date. All credits to Samantha Ushedo must be used on or before the expiry date. No extensions will be offered and the credit must be used in its entirety in a single purchase. There is no cash value or cash refund value of any credit notes. Samantha Ushedo is not responsible for anything relating to transactions with third-party companies that are being promoted or offering additional bonuses in connection with this program.

Download links for e-products (books, guides and mp3 lectures) are valid and functioning for one (1) download per link.


It is the sole responsibility of customer/purchaser to know where downloaded files end up on their own computer systems and to back-up any downloadable products. Samantha Ushedo is not responsible for lost documents, crashed computers etc. and will not send any additional download links for lost/misplaced files.

Once your download link is sent to you, it is your responsibility to download all documents in a timely manner.


Governing Law And Arbitration

The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Toronto., and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Toronto. Therefore, you agree that: Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Toronto. This Agreement shall be governed by the internal substantive laws of Canada, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Canada, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.

Arbitration Procedures:

Arbitration. For any dispute with us, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that we are unable to resolve a dispute, we each agree to resolve any claim, dispute, or controversy (excluding any claims we have for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.)) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect, except as provided herein. Unless we agree otherwise, the arbitration will be conducted in the city/town where we reside. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.)) rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESSWE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION

Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defenses. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.

Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.

Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.


Contact Us

If you have any questions or concerns regarding these Terms or our Services, please contact us through the support portal at info@samanthaushedo.com